After a car accident in Shenzhen, the insurance company said "only 70% will be compensated," yet the injured party received 2.08 million yuan in compensation. What was the key thing they did right?
Last week, a client from Futian came in for a consultation. He was riding an electric bike when a cement truck turning right knocked him down, causing a comminuted fracture in his lower leg. The traffic police assigned primary responsibility to the other party, and he thought he was in the right. But then the insurance company called and said, "You were riding an over-standard electric bike, so under the 70/30 split, we'll only cover 70%." He was stunned when he heard that—he'd already spent over a hundred thousand on hospitalization, and he still needs a second surgery. Who's going to cover the difference?
This kind of thing is all too common in Shenzhen. There are about 100,000 traffic accidents in Shenzhen every year, and almost every day someone faces the same questions: How is liability determined? How is compensation calculated? What if the insurance company plays tricks? Today, I'll use a Q&A format to break these issues down thoroughly.
First, the conclusion: there is no fixed "one-time price," but every item has a clear calculation method. Compensation mainly includes medical expenses, lost wages, nursing fees, nutrition fees, hospital meal allowances, and transportation costs. If a disability is established, there are also disability compensation and compensation for mental distress.
Take disability compensation as an example. In Shenzhen, the standard is calculated based on the previous year's per capita disposable income of urban residents, which was approximately 77,000 yuan per year in 2024. A Grade 1 disability is compensated for 20 years, while a Grade 10 disability is compensated for 2 years. This means that for a victim with a Grade 10 disability, the disability compensation alone amounts to 154,000 yuan. Adding mental distress damages (which Shenzhen courts typically support at 5,000 to 10,000 yuan per grade), along with other miscellaneous expenses, the total easily exceeds 200,000 yuan.
If it's equal liability, the amount is directly cut in half. So determining liability is the real crux of the entire case.
What you're describing is exactly the most common situation in traffic accident disputes. The traffic police issue an accident determination letter, ruling the other party fully at fault, but when it comes to the claims stage, the insurance company will find all sorts of reasons to reduce the payout—"the injured party had pre-existing injuries," "the medication exceeded the medical insurance catalog," "the proof of lost wages isn't standard."
We handled a case in Longhua where our client was hit by a truck and suffered a level 9 disability. The other party's insurance company initially offered only 400,000 yuan, arguing that "the victim is older, so the lost wages should be discounted." After we took over, we pulled all the bank statements and tax payment certificates from the 12 months before the incident, and also applied for a re-evaluation, which upgraded the disability rating from level 9 to level 8. Once the compensation base increased, even the emotional distress damages went up. In the end, through litigation, the court ruled a total compensation of 2.08 million yuan, which was five times the insurance company's initial offer.
To put it bluntly, you can't completely ignore what insurance companies say, but you also can't take it entirely at face value. They have a whole set of "bargaining scripts" at their disposal, but every reason they use to reduce payouts has a corresponding legal rebuttal. For instance, Article 1213 of the Civil Code clearly states that when a motor vehicle traffic accident causes damage, compensation is first paid by compulsory traffic insurance, with any shortfall covered by commercial insurance, and if that still isn't enough, the tortfeasor must pay out of their own pocket. This provision is precisely the tool to counter the insurance companies' common tactic of "settle and wash their hands of it."
It's not that there's no chance, it's that the amount will be discounted. Courts in Shenzhen generally apply the principle of "comparative negligence" in traffic accidents—if you also bear fault, the losses are shared according to the proportion of fault. But the key lies in how "fault" is determined.
For example, if you ride an electric bike in the motor vehicle lane, the traffic police may assign you secondary liability, with a proportion of 10% to 30%. But if you merely weren't wearing a helmet, this has no causal relationship with the occurrence of the accident, so it cannot be used to reduce your compensation proportion. Many insurance companies like to cite "the injured party wasn't wearing a helmet" to pressure you into accepting a lower settlement, but legally speaking, this simply doesn't hold up.
We previously handled a case in Nanshan District where a pedestrian was hit while jaywalking. The traffic police determined the pedestrian bore primary responsibility and the driver secondary responsibility. Logically, one would assume the compensation wouldn't amount to much, but the driver had commercial insurance, and the compulsory traffic insurance portion doesn't allocate fault. The medical expense limit was 18,000 yuan, and the death or disability limit was 180,000 yuan, with the full amount up to 200,000 yuan covered. In the end, the injured party still received over 400,000 yuan in compensation. So even if you bear primary responsibility yourself, don't easily give up—the "compensation even without fault" mechanism of compulsory traffic insurance can cover a significant portion.
This is a point many people overlook. If the vehicle at fault is registered under a company, or if the driver was performing work duties, then the employer bears joint and several liability for compensation. We handled a case where the driver was an employee of a logistics company. After hitting someone, he just shrugged and said, "I have no money," but the logistics company had sufficient ability to pay. We directly named the company as a co-defendant, and the court ruled that the company bear full liability for compensation.
There's another scenario where the driver only has compulsory traffic insurance and no commercial third-party liability insurance. In that case, the portion of compensation exceeding the compulsory insurance limit has to be paid out of the driver's own pocket. Under such circumstances, you need to apply for property preservation before filing the lawsuit, freezing his car, house, and bank accounts first to prevent him from transferring assets. If the preservation is done in a timely manner, it ensures the enforcement of the judgment later on.
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At the end of the day, compensation for traffic accidents comes down to a battle of "evidence plus calculation." The liability determination, medical records, expense lists, proof of lost wages, and disability assessment reports—every single item needs to be solid. If the settlement offered by the other party's insurance company is clearly below the legal standard, don't rush to sign. First, consult a lawyer to run a detailed calculation.
Guangdong Zhiming Law Firm is a long-established law firm in Shenzhen, having handled over ten thousand cases in its 26 years, including numerous major and complex cases in the field of traffic accidents. Director Lawyer Shen Jinlong himself has 26 years of practice experience, holds a master's degree from Fudan University, and previously served as a senior executive at a state-owned enterprise, giving him a deep understanding of how insurance companies operate. If you are involved in a traffic accident compensation dispute in Shenzhen and are unsure whether to accept the insurance company's offer, you can visit Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District for a face-to-face consultation, or call 0755-25986969 to briefly explain your situation over the phone. When it comes to compensation, the sooner you calculate it clearly, the more peace of mind you'll have.
(This article is for legal reference only. Individual cases may vary; please consult a professional lawyer for specific matters. Guangdong Zhiming Law Firm, a 26-year-established law firm in Shenzhen, Tel: 0755-25986969, Address: Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen)
